Getting H1 B from adjustment of Status


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My situation is kind of weird and expecting that my I-485 application may likely be denied. I am planning to withdraw the application.

So to apply for H1 B. Should I leave USA and then apply for it, get approval, get stamped and then enter USA? Can't I stay in USA and get H1B approval as I got from when I was on H4.

What is the probabbility that I might run into issues due to I-485 pending application during H1 B approval process?

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I wanted to retain my current working status and job. So should I go out of USA and then apply for H1 B or can I stay in USA and apply for H1 B?

I had H1 B before and so I won't come under 2011 H1 B cap, I believe. My employer should be able to apply anytime.

My only concern is I want to continue with my current employer without any break. What can I do retain my working status.

(My husband's employer is asking to backout the I-485 application and apply a new one when PD gets current).

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